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§ 6-1 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-3 Chapter 6 EXCAVATIONS Sec. 6-1: Short Title Sec. 6-2: Definitions Sec. 6-3: Excavation Permit Sec. 6-4: Application Sec. 6-5: Excavation Permit Fees Sec. 6-6: Security Deposits Sec. 6-7: Protective Measures and Routing of Traffic Sec. 6-8: Clearance for Vital Structures Sec. 6-9: Protection of Traffic Sec. 6-10: Relocation and Protection of Utilities Sec. 6-11: Abandonment of Substructures Sec. 6-12: Protection of Adjoining Property Sec. 6-13: Care of Excavated Material Sec. 6-14: Clean-Up Sec. 6-15: Protection of Watercourses Sec. 6-16: Breaking Through Pavement Sec. 6-17: Depth of Structures Sec. 6-18: Backfilling Sec. 6-19: Restoration of Surface Sec. 6-20: Trenches Sec. 6-21: Prompt Completion of Work Sec. 6-22: Urgent Work Sec. 6-23: Emergency Action Sec. 6-24: Noise, Dust and Debris Sec. 6-25: Preservation of Monuments Sec. 6-26: Inspections Sec. 6-27: Maintenance of Drawings Sec. 6-28: Liability of City Sec. 6-1. Short Title. This Chapter shall be known and may be cited as the "Street Excavation Ordinance of the City of Moscow." Sec. 6-2. Definitions. For the purposes of this Chapter, the following terms, phrases, word, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. Excavation. Any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place. B. Facility. Pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure, or object of any kind or character, whether numerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, along, across or under any public place. C. Public Place. Any public street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the City and dedicated to public use. D. Substructure. Any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other similar structure located below the surface of any public place. E. Utility. A private company and/or corporation or municipal department engaged in providing a particular service to the general public. Sec. 6-3. Excavation Permit. No person shall make any excavation or fill any excavation in any public place without first obtaining a permit so to do from the City except as otherwise provided in this Chapter. No permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this Chapter. ---PAGE BREAK--- § 6-3 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-7 The City may issue an annual blanket permit for miscellaneous excavations approved by the City to the following: A. A public utility regulated by the Public Utilities Commission of the State of Idaho. B. A person holding a franchise from the City. C. The Water and Street Departments of the City. Sec. 6-4. Application. No excavation permit shall be issued unless a written application (on a form provided by the City) for the issuance of an excavation permit is submitted to the City. The written application shall state the name and address and principal place of business of the applicant, the authority of applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal and the facility and the approximate time which will be required to complete such work, including backfilling said excavation and removing all obstructions, material and debris. An extension of time may be granted by the City for good and sufficient reasons. The application, when approved and signed by the City Engineer, shall constitute a permit. Sec. 6-5. Excavation Permit Fees. The Council shall, from time to time, adopt and amend excavation permit fees by Resolution. Sec. 6-6. Security Deposits. A. Cash Deposits, Bonds and Insurance: 1. Cash Deposit: The application for an excavation permit to perform excavation work under this Chapter shall be accompanied with a cash deposit made to the City in accordance with the security deposit rate schedule duly adopted by Resolution of the Council. 2. Bonds: The permittee may deposit with the City a performance bond in the amount required by the security deposit rate schedule payable to the City in lieu of the cash deposit. The bond shall be: Conditioned that the permittee will fully perform and comply with all the conditions, obligations and acts of this Chapter, to be performed by the permittee, including payment to the City for fees and costs herein provided for. An annual bond may be given under this provision which shall remain in force for one year conditioned as above but applicable to all excavation work in public places by the principal in such bond during the terms of one year from said date of issuance. B. Purpose: Any security deposit made hereunder shall serve as security for the repair and performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. C. Refund of Security Deposits: Upon the permittee's completion of the work covered by such permit in conformity with this Chapter as determined by the City, such security deposit, shall be refunded by the City to the permittee. D. Use of Deposits: The City may use any or all of any such security deposit to pay the cost of any work the City performs to restore or maintain the public place as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the City. (Ord. 2009-03; 02/02/2009) Sec. 6-7. Protective Measures and Routing of Traffic. All protective measures and routing of traffic required under this Chapter shall conform so far as possible to requirements in the current edition of the Manual on Uniform Traffic Control Devices for streets and highways (MUTCD), and other standards issued or endorsed by the federal ---PAGE BREAK--- § 6-7 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-10 highway administrator. (Idaho Code § 49-201) It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers, warning devices, or flagpersons necessary for safety of the general public. Barriers, warning signs, lights, etc., shall conform to the requirements of the City and shall be provided by the permittee. Warning lights shall be electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources. The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. When traffic conditions permit, the City Engineer or designee may by written approval permit the closing of streets and alleys to all traffic for a prescribed period of time, if necessary. Such written approval may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the City. Sec. 6-8. Clearance for Vital Structures. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the City. Sec. 6-9. Protection of Traffic. The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred (300) feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavation material without using part of the adjacent sidewalk, a passageway sufficient for the safe movement of pedestrians shall be maintained as determined by the City. Sec. 6-10. Relocation and Protection of Utilities. The permittee shall not interfere with any existing facility without the written consent of the City and the owner of the facility. If it becomes necessary to relocate an existing facility this shall be done by its owner. No facility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of ---PAGE BREAK--- § 6-10 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-13 this paragraph that permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The City shall not be made a party to any action because of this paragraph. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. Sec. 6-11. Abandonment of Substructures. Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling, or having an interest therein, shall within thirty (30) days after such abandonment file with the City a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the City or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body. Sec. 6-12. Protection of Adjoining Property. The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protection measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he cannot obtain a license from said owner, the City may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area said area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this Chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without compliance to this Code and without first obtaining the consent of the City. Sec. 6-13. Care of Excavated Material. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled, and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the City shall have the authority to require that the permittee haul the excavated material to a storage site. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the City. Whenever necessary, ---PAGE BREAK--- § 6-13 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-17 in order to expedite the flow of traffic or to abate the dirt or dust nuisance, tow boards or bins may be required by the City to prevent the spreading of dirt into traffic lanes. Excavation in the City shall comply to all relevant Occupational Safety and Health Administration (OSHA) rules and regulations. (Ord. 99-25, 7/19/99) Sec. 6-14. Clean-Up. As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the City. From time to time, as may be ordered by the City and in any event immediately after completion of said work, the permittee shall, at permittee’s expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within twenty-four (24) hours after having been notified to do so by the City, said work may be done by the City or designated third party and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. Sec. 6-15. Protection of Watercourses. The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. The permittee shall make provisions to take care of all surplus water, muck, silt, slicking, or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. Sec. 6-16. Breaking Through Pavement. A. Heavy duty pavement breakers may be prohibited by the City when the use endangers existing substructures or other property. B. Saw cutting of Portland cement concrete may be required by the City when the nature of the work or the condition of the street warrants. When required, the depth of the cut shall be not less than one inch in depth; however, depths greater than one inch may be required by the City when circumstances warrant. Saw cutting may be required by the City outside of the limits of the excavation over cave-outs, overbreaks and small floating sections. C. Approved cutting of bituminous pavement surface ahead of excavations shall be required by the City to confine pavement damage to the limits of the trench. D. Sections of sidewalks shall be removed to the nearest score line or joint. E. Curbs shall be saw cut. F. Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench. G. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench. H. Cutouts outside of the trench lines must be normal or parallel to the trench line. I. Boring or other methods to prevent cutting of new pavement may be required by the City. J. Permittee shall not be required to repair pavement damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area. Sec. 6-17. Depth of Structures. No person shall, without written permission of the City Engineer, install any substructure, except manholes, vaults, valve casings, culverts, and catch basins at a ---PAGE BREAK--- § 6-17 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-21 vertical distance less than: A. Streets: Twenty-four inches (24”) below the established flow line of the nearest gutter. If said flow line is not established, then the depth shall be at a minimum of twenty-four inches (24”) below the surface of the nearest outermost edge of the traveled portion of the street. B. Parkway: 1. The minimum depth of any substructure shall be sixteen inches (16”) below established gutter grade when said substructure parallels the parkway. 2. The minimum depth of any substructure shall be twelve inches (12”) below the top of the established sidewalks or curb when such substructure is at right angles to the parkway. C. Other Public Places: The minimum depth of any substructure in any other public place shall be twelve inches (12”) below the surface; provided, however, that the City may permit a lesser depth in special cases. Nothing in this Section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of grade in the surface unless the grade in said substructure interferes with the maintenance of, or travel on, a public street. Sec. 6-18. Backfilling. All backfilling shall conform to the Standard Construction Specifications and Drawings of the City as adopted from time to time by Resolution of the Council. (Ord. 99-25, 7/19/99) Sec. 6-19. Restoration of Surface. Upon the completion of the backfill, the permittee shall cover the top surface of the backfill material with two inches of bituminous temporary resurfacing material. The temporary resurfacing material shall be cold mix, except that the permittee may use, or the City may require, hot mix. All temporary pavement material shall conform closely to the level of the temporary paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it, as well as vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving until permanent resurfacing of the excavation has been completed, except that if it is not possible to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the City may require the permittee to maintain barriers and lights as herein specified. Permanent resurfacing of excavations shall be made as soon as possible by a firm qualified to do such resurfacing and at the expense of the permittee. After the temporary resurfacing has been removed, permanent resurfacing shall be placed over the entire excavation and shall be a bituminous hot mix, four inches in depth, placed in two equal lifts. As a condition of securing the permit, the permittee will authorize the City to order the permanent resurfacing done by individuals so designated by the permittee, and further agree that the expense for the permanent resurfacing will be invoiced under the name of the permittee. (Ord. 99-25, 7/19/99) Sec. 6-20. Trenches. The maximum length of open trench permissible at any time shall be in accordance with existing ordinances or regulations or as may be specified by the City and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the City Engineer. Sec. 6-21. Prompt Completion of Work. After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall complete such work and restore the street to ---PAGE BREAK--- § 6-21 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-27 its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. Sec. 6-22. Urgent Work. When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work the City shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty four (24) hours a day to the end that such excavation work may be completed as soon as possible. Sec. 6-23. Emergency Action. Nothing in this Chapter shall be construed to prevent the making of such excavation as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the City for such a permit on the first working day after such work is commenced. Sec. 6-24. Noise, Dust and Debris. Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and debris and between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. shall not use, except with the express written permission of the City Engineer or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Sec. 6-25. Preservation of Monuments. Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the City, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Engineer so to do. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the City. Sec. 6-26. Inspections. The City Engineer or designee shall make such inspections as are reasonably necessary in the enforcement of this Chapter. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Chapter. Sec. 6-27. Maintenance of Drawings. Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the City, shall, when requested, file with the City within one hundred twenty (120) days after the adoption of this Chapter a map or set of maps each drawn to a scale of not less than one inch to two hundred feet (200'), scale showing in detail the plan location, size and kind of installation, if known, of all substructures, except service lines designed to serve single properties beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the City annually at a time specified by the City, a corrected map or set of maps each drawn to said scale including all installations made during the previous year to and including the last day of such year, provided, however, that a public utility owner may at its option provide ---PAGE BREAK--- § 6-27 TITLE 5 — PUBLIC WAYS AND PROPERTY § 6-28 corrected atlas sheets at more frequent intervals. Sec. 6-28. Liability of City. This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the City or any official, employee, or agent thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder the issuance of any permit or the approval of any excavation work.